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214 The Southwestern Historical Quarterly
MINUTES OF THE AYUNTAMIENTO OF SAN FELIPE
DE AUSTIN, 1828-1832
EDITED BY EUGENE C. BARKER
[p. 81] List of the Individuals who were voted for Sindieo
procurador at the Municipal election held on the 12 and 13 of
the present month in conformity with the 164th Article of the
Constitution and 97th and 100th articles of Law 37
Eobert M. Williamson reed 250 votes
Stephen Eichardson " 56 "
William Eobinson " 2 "
Isaac M. Pennington " 1 "
Town of Austin 19th Deer 1830
John W. Moore Jesse Grimes
Saml Peniston John Huff
Thos. H. Mays Martin Allen
C. B. Stewart Thos. Cayce
J. D. Morris
In continuation, and in the same town place day and month
and year the Ayuntamto. proceeded in conformity with the re-
quisites of the 158th Article of the Constitution and 106th Article
of Law No. 37 and in presence of the same members and other
presidents tellers and Secretaries of the Municipal electoral as-
semblies and in presence of the lists formed the three general lists
of the persons who were voted for Coniisarios and sindicos of
precinct and in conformity therewith the president declared con-
stitutionally elected Comisario of the precinct of San Jacinto
Citizen Samuel C. Hirams and for sindieo of the same precinct
Citizen Samuel C. Bundick having reed the majority of votes,
and citizen Francis Holland as Comisario and Citizen Jesse Grimes
for sindieo of the precinct of Viesca, having reed the majority
of votes, and Citizen William Barton as Comisario y Citizen
Thomas H. Mays as sindieo of the precinct of Bastrop having reed
the majority of votes and Lawrence Barney as Comisario and citi-
Minutes of the Ayuntamiento of San Felipe de Austin 215
zen Thomas Jamieson as sindico of the precinct of Mina having
received the majority of votes, and Citizen Henry Smith as Com-
isario and Asa Brigham as sindico for the precinct of Victoria
having received the majority of votes and Citizen [blank] as
Comisario and Citizen [blank] as sindico for the precinct of
Guadalupe in the Colony of the Empresario Green De Witt hav-
ing reed the majority of votes and the body ordered [p. 83] that
the two copies of the lists should be made out and one of them
immediately posted in a public place the originals to be filed, and
the session was adjourned
Samuel M. Williams
In the town of San Felipe de Austin 31 Decembr 1830. The
Ayuntamto. met this day in extra session the following members
being present Thomas Barnett president, Jesse H. Cartwright
2d Begidor Walter C. White 3d liegidor, Churchill Fulchear 4th
regidor y William Pettus sindico procurador. A report was pre-
sented to the body by the sindico procurador made by Francis W.
Johnson relative to the discharge of the duties conferred on him
by the Ayuntamto. as a special Commissioner of the body appointed
24th Novembr last which report was read, and approved and or-
dered to be filed.
A petition of Martin Aliens praying for the extension of twelve
months time for the payment of thirty dollars, due by him to the
municipality, which after a full discussion of the merits of the
petitioner, was granted, and it was ordered that twelve months
additional time be added to the original time for the payment of
said sum of thirty dollars.
A petition of Thomas Westalls praying that Eighteen months
additional time may be allowed him for the fulfilment of his con-
tract with the Ayuntamto. to improve [p. 84] certain lots in this
town. In consideration of his having engaged to build a school
house and other buildings on the gulph prairie. The prayer of
the petitioner was granted on the condition that he does build
the school house etc. which he states he has undertaken to do
otherwise he will not be exempted from the improvement of the
lots which will remain subject [to] the ordinance A petition of
Samuel H. Hardens praying that the title to lots Nos. 70 and 71
216 The Southwestern Historical Quarterly
purchased by him and afterwards taken by Ira Ingram, may be
made to said Ingram. The prayer of sd petition was granted
and the title ordered to be issued as soon as the lots are improved.
A petition of Thomas Davis praying that the title to lot No.
73 and out lot No. 53 which were bo't by Charles Smith and for
which sd Davis was security, may issue to him the sd Davis inas-
much as Smith has abandoned them and he Davis has paid for
them. The prayer was granted and the title ordered to be issued
when the conditions are complied with.
An account was presented by the sindico procurador to the body
from Francis W. Johnson amtg to 63 37/100 for expenses in-
curred by him in the expedition ordered by the ayuntamto. of
which he was the Commissioner of the body which was admitted
and the balance due ordered to be paid to Mr. Johnson from the
first funds belonging to the Municipality.
An account was presented by Samuel M. Williams collector of
stamp dues for the amt due him for stamp paper furnished the
ayuntamto and also for postage due him as postmaster the whole
amtg to $11-6 bitts Eleven dolls 75/100 which amt was ordered
to be paid sd Williams from the first cash funds of the munici-
An account was presented to the body containing a charge of
20 50/100 for ironing League and Ingram and taking off their
irons and fifty dollars for a horse, which had been lost by Mr.
Thos Gray on the expedition to Gonzales — The Ayuntamto. re-
fused to admit the first charge inasmuch as the expense was in-
curred for the special convenience of sd Ingram and League and
therefore considered it right they should pay it themselves 4 *
[p. 85.] With respect to the item for the horse, the Ayunto.
considered the charge exorbitant and had the horse valued by three
persons who well knew his value viz Oliver Jones F. W. Johnson;
and Saml O. Pettus who estimated the horse to be worth 25$
which amt was admitted and ordered to be pd. out of any unappro-
priated funds to the legal owner of the sd. horse.
In conformity with a previous notification of the Ayunto. to
that effect : John Partin personally appeared before the body this
day and produced evidence which to the ayuntamto. was satis-
factory that the errors committed by Partin were not criminal,
"For the previous history of these unfortunates see The Quarterly,
XXII, 188, 354.
Minutes of the Ayuntamiento of San Felipe de Austin 217
the body therefore resolved that the sd. Partin should be released
from the injunction which the body had put on his admission as
a settler and further ordered that the Empresario Austin be noti-
fied that there no longer exists any impediment to sd. Partins re-
ceiving land as a settler.
The following resolutions were then passed by the Ayto.
First that Citizens Horatio Chriesman, G. E. Edwards, James
Lynch. Oliver Jones, and William Pettus be and are hereby ap-
pointed as Commissioners to lay out a road from the town of Sn
Felipe de Austin to the present residence of Joel Lakey and re-
port the same to this body as soon as possible
Second that Citizens John W. Hall, Amos Gates, James Brad-
bury, Gibson Kuykendall, and Joel Lakey be and are hereby ap-
pointed Commissioners to lay out a road from the present resi-
dence of Joel Lakey to the crossing of the Labahia road on the
Third That Citizens Abner Lee, John P. Coles, Nestor Clay
John Cole and George Erving be and are hereby appointed Com-
missioners to lay out a road from the present residence of Joel
Laky to the garrison on the river Brazos.
On motion of William Pettus sindico procurador, it was ordered
that one months time be given to Dudley White and Christian
Wertzner to pay for the lots which they purchased and further
that notice be given in the next [p. 86] number of the Texas
Gazette that the said lots will be sold on the first day of Feby next
unless they be paid for on or before that time, for and on acct of
the said White and Wertzner.
The President of the body Thomas Barnett who has been acting
as Treasurer of the body presented the statement of the ingress
and egress of the funds placed in his hands and of the adminis-
tration of the same during the present year which statement after
having been carefully examined by Walter C. White regidor and
Samuel M. Williams Secretary as a committee appointed for that
purpose was found to be correct and it was therefore admitted and
approved of by the body and ordered with the general statement to
be passed to the new Ayuntamto.
On motion of the Sindico procurador William Pettus, it was
resolved by the Ayuntamto. that the houses and lots purchased
by a voluntary subscription of the citizens of the municipality, for
218 The Southwestern Historical Quarterly
a church, of Nicholas Clopper, the title of which property has been
vested in the municipality be accepted and declared the property
of the municipality and as such passed to the new Ayuntamto.
the same having been a voluntary donation from the Citizens.
On motion of William Pettus Sindico procurador, it was or-
dered that the amt due to Samuel M Williams for his services as
Secretary protem and Secretary of the body since the removal of
George Fisher, up to the end of the present year, the same being
two months and a half at the rate of 800$ per annum amtg to
166 dollars 66/100 be and is hereby allowed and awarded to said
Williams to be paid out of the first funds of the municipality.
The body then adjourned until tomorrow at 10 oclock
Samuel M. Williams
[p. 87] In the Town of San Felipe de Austin first January
1831 conformably with the municipal ordinances The Ayuntamto.
met this day the following members being present Thomas Barnett
prest. Jesse H. Cartwright 2d Begidor, Walter C. White 3d Begi-
dor Churchill Fulchear 4th Begidor and AVilliam Pettus Sindico
procurador, and the session being declared by the president as open,
and on account of a previous notification to that effect, Mr. Francis
W. Johnson, the Alcalde elect presented himself before the body
and took the oath prescribed by the 22d article of the Constitution
which was administered by the prest. of last year — After which
act the Sindico procurador notified the body that there were no
others of the new members present, and this act was closed. The
prest. of the old body then presented a written report of the gen-
eral affairs of the Municipality during last year and of the reforms
necessary after its having been read the new president ordered
a session to be held on the 17th for the purpose of appointing com-
mittees and the Ayunto. adjourned.
Samuel M. Williams
[p. 1.] En la villa de San Felipe de Austin a 17 de Enero de
"Volume 2 of the manuscript ends here.
Minutes of the Ayuntamiento of San Felipe de Austin 219
The Ayuntamto. met this day pursuant to an order of the presi-
dent, present the following members Francis W. Johnson, prest.
Walter C. White 1st Regidor Randall Jones 3d Regidor and R. M.
Williamson sindieo procurador. The Ayuntamto. proceeded to
examine the report of Mr. Thomas Barnett the former president
and treasurer of the body, the account of the said treasurer of
the ingress and egress of the funds of the municipality under
his charge during the last [year?] and also a statement of the
debts due by the Ayunto. and debts due to it, and after a careful
examination they were approved of and the ayuntamto. ordered
that a succinct statement of the situation of the municipal funds
be published for the information of the inhabitants of the Juris-
The Ayuntamto then proceeded to the appointment of a treas-
urer and on motion of R. M. Williamson, Francis W. Johnson the
president of the body was duly appointed Treasurer to this mu-
nicipality in conformity with the provisions of the municipal
The ayuntamto. adjourned until tomorrow morning at 10
The 2d and 4th Regidors did not attend this session
Samuel M. Williams
[p. 2"| In the town of Austin 18th Jany 1831 the Ayuntamto.
met pursuant to the adjournment of yesterday present F. W.
Johnson president and Walter C. White 1st Regidor, Randall
Jones 3d Regidor and R. M. Williamson Sindieo procurador.
The subject of the appointment of a secretary to the body was
introduced by the president, and discussed by different members
in regular order, and it was resolved that inasmuch as the mem-
bers of the body are absent and it being desirable that all of them
should be present at the time of appointing the Secretary, the
matter be postponed until the next meeting, and that the present
Secretary continue discharging the duties until a further resolu-
tion of the body relative thereto.
The subject of the various claims in favor of the municipality
arrising from fines etc. etc. on some of which judgments have been
entered, was introduced by the president and after an examination,
and full discussion by the body, it was resolved that R. M. William-
220 The Southwestern Historical Quarterly
son be appointed a committee to whom shall be referred the whole
matter, and that all the documents etc. now in the possession of
the body relative to it as also the list and documents relative to
the tax on town lots, in this town, now in the possession of the
former Sindico procurador, be given to the said Williamson, for
his examination and in order to enable him to report, to the body
at the next meeting, the true situation of all such matters.
The Ayuntamto. further ordered that the president be author-
ised to pay out of the first funds collected and belonging to the
Municipal funds for the translation of the evidence taken in the
case of Ingram and League.
It was further ordered by the Ayuntamto. that the president of
the body adopt such measures not [p. 3] contrary to the existing
laws, as [several illegible words interlined] may secure the persons
of the criminals now under restraint and also all others that may
hereafter require confinement while the municipality is without a
public prison or jail, as in his judgment may fulfil the objects and
intentions of the laws and at the same time be the least bother-
some and expensive to the municipality, and defray the expenses
which may be incurred from any funds of the municipality not
The president introduced for discussion the propriety of raising
a company of Eangers for the protection of the frontier settle-
ments of this municipality against the inroads and hostilities of
barbarous Indians, and urged the necessity of the adoption of this
or some other measure to secure the inhabitants from Indian in-
vasion, after mature discussion of the subject by the members in
regular order, and taking into consideration the peculiar situation
of the municipality with respect to public funds for the defraying
of the necessary expenses of a number of men who would be suffi-
cient to guard and protect the frontier, the body resolved as the
most expedient that an official letter be addressed to the Lieut
Col. Commandant of the Batallion of Austin, 42 requiring him to
furnish the necessary number of Militia men, by draft or other
wise, to act as Eangers on the frontiers of the Municipality.
On motion of the Sindico procurador, it was ordered that the
president be authorized to pay out of any of the municipal funds
not otherwise appropriated for the translation of Law No. 104
"This waa Stephen F. Austin.
Minutes of the Ayuntamiento of San Felipe ale Austin 321
■of the Legislature of the State, and further ordered by the Ayun-
tamto. that the President of the body be [p. 4] authorized to
contract for the printing in the English language of 100 copies
•of said law No. 104 and No. 39 43 and pay for the same out of any
unappropriated funds of the municipality. On motion of the first
regidor Walter C. White ordered that the municipal surveyor
Thos. H. Borden be authorized to run a straight line from the
point two miles beyond that known as the Eight mile point to the
house of Josiah H. Bell provided a contract can be made with
him to do the same for a moderate compensation, and that Citi-
zens Thos. Gray and Jesse Thompson be appointed commissioners
in conjunction with the said Surveyor to review the ground ever,
which said line may pass and report as to the practicability and
propriety cf making a road in conformity with this line from this
"town to the house of said J. H. Bell.
On motion of the 3d Kegidor Eandall Jones ordered that James
W. Jones and George Huff be appointed commissioners to lay off
a road from the house of said Huff to that of Wililam Mortons
on the Brazos
An account was presented to the body by G-. B. Cotten printer
for advertising in the Gazette for subscribers to the church to
make payment amtg. to five dollars which was admitted, and
■ordered the same to be paid also an order of Thomas Barnett
agent for William Barnett in favor of Thomas Davis for 44 66/100
which was ordered to [be] passed to the credit of said Davis and
charged to the act of said William Barnett, and also the amount
due the municipality by the said Thomas Barnett, being $54 99/100
was settled by being placed to the debit of William Barnett making
both items the amt of $99 68/100
[p. 5] A petition was presented to the body by the sindico
procurador from Nathaniel Townsend praying that a title may
issue to him for building lots Nos. 143, 144 and 181, he having
complied with the requisitions under which they were sold, which
prayer was granted and the title ordered to be issued.
A petition from Samuel H. Harden was presented to the body
by the sindico procurador praying that a title may issue to him
for building lots Nos. 137 and 138, he having complied with the
requisitions under which they were obtained. Which was granted
■"See The Quarterly, XXII, 193, and note 32.
222 The Southwestern Historical Quarterly
and the title ordered to be issued, reformed by order and the title
to issue to Francis W. Dempsey. A petition from William H.
Jack was presented to the body by the sindico praying for a dis-
pensation of the provisions under which he purchased out lot No.
66 which was objected to by the body and the prayer refused.
The body adjourned — the 2d and 4th Eegidors not having at-
tended the session.
Samuel M. Williams
[p. 6] In the town of San. Felipe de Austin 8th March 1831
At a meeting of the Ayuntamto. in ordinary session in the public
hall of the municipality were present El Senor Francis W. John-
son Prest — Ban dall Jones 2d Eegidor — William Eobinson 3d Beg-
idor and E. M. Williamson Sindico procurador.
The ayuntamto. resolved, that inasmuch as there is reason to
believe that the H. Congress of the State considering the peculiar-
circumstances in which the inhabitants of Texas are placed as re-
gards the administration of justice contemplate appointing cir-
cuit judges, and form circuit courts. This Ayuntamto. consider-
ing the personal merits, moral and political virtues, and informa-
tion and knowledge of the laws that are attached to citizen Luke
Lessasier recommend him through the members of the Legis-
lature from Texas to the consideration of the Legislature of this
State as a person fully qualified and capable of discharging the
duties of a circuit judge.
Likewise the Ayuntamto. in consideration of the moral and
political virtues, and also the knowledge of the laws, as found in
the person of Eobert M. Williamson recommend him in the same-
manner for the appointment of prosecuting Attorney in case that
by the organic law there should be provision made for a prose-
cuting Attorney for the circuit courts. Besides the ayuntamiento
ordered that a certified copy of this act be made out and remitted
to Citizen Stephen F. Austin in [p. 7] that it may supply its
corresponding effects and the body adjourned until tomorrow 10
Samuel M. Williams
[p. 8] Town of Austin 9th March 1831. The Ayuntamto..
met this day pursuant to adjournment — present the same mem-
bers to wit Francis W. Johnson Prest, Eandall Jones 2d Eegidor
Minutes of the Ayuntamiento of San Felipe de Austin 223
William Bobinson 4th Eegidor and E. M. Williamson Sindico
procurador. On motion of the president the subject of the ap-
pointment of a Secretary to the body for the present year was
discussed, and the appointment conferred on Citizen Samuel M.
Williams who has been discharging the duties of Secretary provi-
sionally, with the salary of 800$ per annum.
A petition was presented by the Sindico procurador from the
first regidor Walter C. White praying leave of absence for three
months, for the purpose of attending to some important individual
affairs, the petition was read and granted by the body.